Personal Injury Claims Solicitors Dublin 1
If you have been injured in an accident and it was someone else’s fault you may be entitled to compensation for the injuries and other losses that you have suffered.
The most common type of accidents are road traffic accidents, accidents at work and trip and fall accidents. However there are of course many other scenarios that could give rise to a person being injured.
If you believe that you have been injured and that it was somebody else’s fault, please contact our expert personal injury team without delay in order to arrange an appointment.
Please note there is generally a limitation period of 2 years from the date of the accident within which legal proceedings must be issued or an application lodged with the Injuries Board.
Personal Injuries Claims F.A.Q.
The majority of Personal Injury cases have a two year time limit, within which a claim must be brought. It is always advisable to try and start the process, which can be lengthy, as soon as possible. There are some limited exceptions to this two year rule and therefore it is always advisable to obtain the relevant legal advice without delay. Acting quickly will also ensure that important evidence or witness statements are taken as soon as possible as accident locations sometimes change and memories fade.
This is always a difficult question to answer without actually providing your Solicitor with all of the details. If you are injured and you believe it to be someone else’s fault (even partially) then you may well be entitled to receive compensation for those injuries. The most effective way to find out whether you have a potential case for compensation for personal injuries is to immediately gather together all the necessary evidence and information and then contact us either through our website or by telephoning the office to speak to one of our experienced legal team. You will then be provided with sound legal advice in relation to your accident and potential claim for compensation.
Initially a personal injury claim has to be processed through the Injuries Board. If the Injuries Board make an assessment that is acceptable to you and to the party responsible for your injuries then the Injuries Board will issue an Order to Pay which has the same standing as a Court Order. The Order to Pay is served on the Respondent after which the Injuries Board Assessment is paid.
If you are bringing an action on behalf of a minor (a person under 18 years of age) then the Injuries Board Assessment has to be approved by a Judge.
The Injuries Board can decide not to assess your claim for a variety of reasons and if that is the decision of the Injuries Board then they will release your application and issue an Authorisation which allows you to institute Court proceedings. This does not mean that your case will definitely proceed to a full hearing as many cases settle prior to or on the trial date.
In addition, the Injuries Board could issue an Authorisation if you or the Respondent is not happy with the Assessment made by the Injuries Board or if the Respondent informs the Injuries Board that they do not consent for the Injuries Board to assess your application.
It is important to remember that many cases settle before they come on for hearing which would mean that you would not have to give evidence and the matter would simply be struck out.
If you need any further information on this topic, please contact this office for a case assessment.
It is difficult to estimate the value of a person’s personal injury claim until such time as all medical evidence has been gathered. This could mean a medical report from a number of hospital consultants, your GP and possibly even your physiotherapist. It would always be advisable that cases are not set down for hearing or settled until such time as your medical treatment has concluded and where you are hopefully fully recovered or failing that when your recovery has plateaued which is the situation that arises when your symptoms are not getting any better nor any worse.
You need to also remember that you could also be entitled to out of pocket expenses which are known as your “Special Damages”. This could include medical expenses paid, loss of earnings not received, material damage to your vehicle etc. You also might need evidence to prove some of your special damages e.g. you may need the Payroll Manager or your Accountant to verify your loss of earnings.
A Court will consider the medical evidence to work out your pain and suffering to calculate the damages that you are to be awarded for that pain and suffering. These damages are known as “General Damages”. The Court will rely on its own experience and indeed the Book of Quantum when determining your General Damages.
If you would like a free case assessment please contact this office in order to speak to one of our experienced legal team.